Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices 75339 

intervene or notice of intervention, as 

applicable. The filing of comments or a 

protest with respect to the Application 

will not serve to make the commenter or 

protestant a party to the proceeding, 

although protests and comments 

received from persons who are not 

parties will be considered in 

determining the appropriate action to be 

taken on the Application. All protests, 

comments, motions to intervene, or 

notices of intervention must meet the 

requirements specified by the 

regulations in 10 CFR Part 590. 

Filings may be submitted using one of 

the following methods: (1) Emailing the 

filing to fergas@hq.doe.gov with FE 

Docket No. 13–116–LNG in the title 

line; (2) mailing an original and three 

paper copies of the filing to the Division 

of Natural Gas Regulatory Activities at 

the address listed in ADDRESSES; or (3) 

hand delivering an original and three 

paper copies of the filing to the Office 

of Natural Gas Regulatory Activities at 

the address listed in ADDRESSES. All 

filings must include a reference to FE 

Docket No. 13–116–LNG. Please Note: If 

submitting a filing via email, please 

include all related documents and 

attachments (e.g., exhibits) in the 

original email correspondence. Please 

do not include any active hyperlinks or 

password protection in any of the 

documents or attachments related to the 

filing. All electronic filings submitted to 

DOE must follow these guidelines to 

ensure that all documents are filed in a 

timely manner. Any hardcopy filing 

submitted greater in length than 50 

pages must also include, at the time of 

the filing, a digital copy on disk of the 

entire submission. 

A decisional record on the 

Application will be developed through 

responses to this notice by parties, 

including the parties’ written comments 

and replies thereto. Additional 

procedures will be used as necessary to 

achieve a complete understanding of the 

facts and issues. A party seeking 

intervention may request that additional 

procedures be provided, such as 

additional written comments, an oral 

presentation, a conference, or trial-type 

hearing. Any request to file additional 

written comments should explain why 

they are necessary. Any request for an 

oral presentation should identify the 

substantial question of fact, law, or 

policy at issue, show that it is material 

and relevant to a decision in the 

proceeding, and demonstrate why an 

oral presentation is needed. Any request 

for a conference should demonstrate 

why the conference would materially 

advance the proceeding. Any request for 

a trial-type hearing must show that there 

are factual issues genuinely in dispute 

that are relevant and material to a 

decision, and that a trial-type hearing is 

necessary for a full and true disclosure 

of the facts. 

If an additional procedure is 

scheduled, notice will be provided to all 

parties. If no party requests additional 

procedures, a final Opinion and Order 

may be issued based on the official 

record, including the Application and 

responses filed by parties pursuant to 

this notice, in accordance with 10 CFR 

590.316. 

The Application is available for 

inspection and copying in the Division 

of Natural Gas Regulatory Activities 

docket room, Room 3E–042, 1000 

Independence Avenue SW., 

Washington, DC 20585. The docket 

room is open between the hours of 8:00 

a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. The 

Application and any filed protests, 

motions to intervene or notice of 

interventions, and comments will also 

be available electronically by going to 

the following DOE/FE Web address: 

http://www.fe.doe.gov/programs/

gasregulation/index.html. 

Issued in Washington, DC, on December 5, 

2013. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2013–29545 Filed 12–10–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 13–118–LNG] 

Barca LNG LLC; Application for LongTerm Authorization To Export 

Liquefied Natural Gas Produced From 

Domestic Natural Gas Resources to 

Non-Free Trade Agreement Countries 

for a 25-Year Period 

AGENCY: Office of Fossil Energy, DOE. 

ACTION: Notice of application. 

SUMMARY: The Office of Fossil Energy 

(FE) of the Department of Energy (DOE) 

gives notice of receipt of an application 

(Application) filed on August 23, 2013, 

by Barca LNG LLC (Barca), requesting 

long-term, multi-contract authorization 

to export LNG produced from domestic 

sources in a volume equivalent to 

approximately 584 billion cubic feet per 

year (Bcf/yr) of natural gas, or 1.6 Bcf 

per day (Bcf/d). Barca seeks 

authorization to export the LNG for a 

25-year term from the proposed Barca 

LNG Terminal (Project), to be located at 

the Port of Brownsville in Brownsville, 

Texas. Barca requests authorization to 

export LNG to any country with which 

the United States does not have a free 

trade agreement (FTA) requiring 

national treatment for trade in natural 

gas (non-FTA countries) with which 

trade is not prohibited by U.S. law or 

policy. Barca requests that this 

authorization commence on the earlier 

of the date of first export or 8 years from 

the date the authorization is granted. 

Barca requests this authorization both 

on its behalf and as agent for other 

parties who hold title to the LNG at the 

time of export. The Application was 

filed under section 3 of the Natural Gas 

Act (NGA), 15 U.S.C. 717b. 

DATES: Protests, motions to intervene or 

notices of intervention, as applicable, 

requests for additional procedures, and 

written comments are to be filed using 

procedures detailed in the PUBLIC

COMMENT PROCEDURES section no later 

than 4:30 p.m., eastern time, February 

10, 2014. 

ADDRESSES: Electronic Filing by email: 

fergas@hq.doe.gov. 

Regular Mail 

U.S. Department of Energy (FE–34), 

Office of Natural Gas Regulatory 

Activities, Office of Fossil Energy, 

P.O. Box 44375, Washington, DC 

20026–4375. 

Hand Delivery or Private Delivery 

Services (e.g., FedEx, UPS, etc.) 

U.S. Department of Energy (FE–34), 

Office of Natural Gas Regulatory 

Activities, Office of Fossil Energy, 

Forrestal Building, Room 3E–042, 

1000 Independence Avenue SW., 

Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Larine Moore or Marc Talbert, U.S. 

Department of Energy (FE–34), Office 

of Natural Gas Regulatory Activities, 

Office of Fossil Energy, Forrestal 

Building, Room 3E–042, 1000 

Independence Avenue SW., 

Washington, DC 20585, (202) 586– 

9478; (202) 586–7991. 

Edward Myers, U.S. Department of 

Energy, Office of the Assistant 

General Counsel for Electricity and 

Fossil Energy, Forrestal Building, 

Room 6B–256, 1000 Independence 

Avenue SW., Washington, DC 20585, 

(202) 586–3397. 

SUPPLEMENTARY INFORMATION: 

Background 

Barca is a Delaware limited liability 

company with its principal place of 

business in Boston, Massachusetts. 

Barca states that it expects to qualify as 

a Service-Disabled Veteran Owned 

Business, as discussed below. Barca’s 

principal executives are Brendan Kelley, 

Mason Bridges, and Andrew Kunian. 


emcdonald on DSK67QTVN1PROD with NOTICES
75340 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices 

Barca proposes to develop, own, and 

operate a natural gas liquefaction 

facility and LNG export terminal at the 

Port of Brownsville in Brownsville, 

Texas. The Application includes a copy 

of a signed option agreement between 

Barca and the Brownsville Navigation 

District for the lease by Barca of a 15 

acre tract of land. Barca states that the 

site will be based on a floating 

liquefaction unit on a barge (FLNG) and 

an existing LNG tanker (utilized solely 

for storage) that are anchored to a dock 

at the Port of Brownsville. Barca states 

that LNG tankers owned by third parties 

will be loaded via ship to ship transfer 

from Barca’s LNG storage tanker, then 

will set sail to buyers in Europe and 

Asia. Barca states that the FLNG is an 

autonomous floating structure that does 

not rely on shore-based utilities to 

function. Barca states that the FLNG 

will be constructed in a shipyard and 

towed to its designated site, where it 

will be integrated with the gas source. 

Barca states that mooring and 

connection infrastructure requirements 

associated with the FLNG are minimal. 

Current Application 

Barca requests that DOE/FE grant a 

long term (in excess of two years), 

multi-contract authorization to export 

LNG from export terminals to be 

constructed in Brownsville, Texas to 

any non-FTA country which has 

developed or in the future develops the 

capacity to import LNG, and with which 

trade is not prohibited by U.S. law or 

policy. Barca requests this authorization 

for a volume of LNG equivalent to 

approximately 1.6 Bcf/d of natural gas 

(584 Bcf/yr) for a 25-year term, up to 

14.6 trillion cubic feet, beginning on the 

date of the first export or 8 years from 

the date of issuance of the authorization 

requested by this Application, 

whichever is sooner. 

Barca states that rather than enter into 

Liquefaction Tolling Agreements 

(LTAs), its planned business model is to 

buy natural gas at the domestic price of 

the Henry Hub futures contract and sell 

it internationally at the prevailing 

market rate. However, if the profitability 

of this model declines, Barca states that 

it will maintain the option to convert to 

an LTA model, under which individual 

customers who hold title to the 

domestic natural gas will have the right 

to deliver that gas to Barca’s terminal at 

the Project and receive LNG in return. 

Barca requests long term, multicontract authorization to engage in 

exports of LNG on its own behalf or as 

agent for others. Barca contemplates that 

the title holder at the point of export 

may be Barca or one of Barca’s 

customers, or another party that has 

purchased LNG from an LTA customer 

pursuant to a long term contract. Barca 

requests authorization to register each 

LNG title holder for whom Barca seeks 

to export as agent, and proposes that 

this registration include a written 

statement by the title holder 

acknowledging and agreeing to comply 

with all applicable requirements 

included by DOE/FE in Barca’s export 

authorization, and to include those 

requirements in any subsequent 

purchase or sale agreement entered into 

by that title holder. In addition to its 

registration of any LNG title holder for 

whom Barca seeks to export as agent, 

Barca states that it will file under seal 

with DOE/FE any relevant long term 

commercial agreements between Barca 

and such LNG title holder, including 

LTAs, once the agreements have been 

executed. Barca states that DOE/FE has 

previously found that this commitment 

conforms to the requirements of 10 CFR 

590.202(b), which calls upon applicants 

to supply transaction information ‘‘to 

the extent practicable.’’ 

Barca states that the natural gas 

supply underlying the proposed exports 

will come from the interconnected and 

highly liquid domestic market for 

natural gas. Barca states that while some 

of the proposed export supply may be 

secured through long term contracts, 

large volumes are likely to be acquired 

on the spot market. Barca states that the 

biggest market hub in North America, 

the Henry Hub, is located in southern 

Louisiana, and the Houston Ship 

Channel and Katy Hub provide 

flexibility to natural gas shippers in 

Texas. Barca states that it will be able 

to source natural gas from these 

locations. Barca states that, 

alternatively, it will be able to contract 

directly with exploration and 

production companies such as 

Chesapeake Energy, Anadarko, Devon 

Energy, Encana, Southwest Energy, EOG 

Resources, and EQT Resources. Barca 

anticipates that several natural gas 

basins will supply the Project, including 

the Permian, Eagle Ford, Barnett, 

Woodford, and Haynesville-Bossier 

basins. Barca states that these basins are 

served by several pipelines that can 

transfer natural gas to the Project. 

Barca states that pursuant to the 

National Environmental Policy Act 

(NEPA), the Federal Energy Regulatory 

Commission (FERC) will be the lead 

agency for environmental review. Barca 

requests conditional authorization to 

export LNG from the Project, pending 

FERC authorization to site, construct 

and operate it. Barca states that such 

conditional authorizations are routinely 

issued by the DOE/FE, which may 

review an application to determine 

whether a proposed authorization is in 

the public interest concurrent with 

FERC’s environmental impact review. 

Barca states that it requests that DOE/FE 

authorize the requested export of LNG 

produced from domestically sourced 

natural gas conditioned upon FERC’s 

authorization of the Project pursuant to 

NEPA. 

Public Interest Considerations 

Barca states that as a result of 

technological advances, huge reserves of 

domestic shale gas that were previously 

uneconomic to develop are now 

producing natural gas in many regions 

of the United States. Barca states that 

the United States is now estimated to 

have more natural gas resources than it 

can use in a century. Barca states that 

large volumes of domestic shale gas 

reserves and continued low production 

costs will enable the United States to 

export LNG while also meeting 

domestic demand for natural gas for 

decades. 

Barca states that as U.S. natural gas 

reserves and production have risen, U.S. 

natural gas prices have fallen to the 

point where they are the lowest in the 

world. Barca states that LNG prices in 

Asia are indexed to crude oil prices and 

are generally higher than elsewhere in 

the world. Barca states that the lack of 

international natural gas pipelines in 

Asia means that, from a practical 

standpoint, the industrialized countries, 

including Japan, Korea, and Taiwan, are 

dependent upon LNG imports for their 

natural gas supplies. Barca states that 

while Europe receives pipeline gas from 

various sources, the long supply chains 

and inflexibility of European markets 

have made diversification of supply a 

high priority. Barca states that 

competitively priced LNG supplies from 

the United States will play a significant 

role in this diversification. Barca states 

that domestic natural gas prices in the 

United States are projected to remain 

low relative to European and Asian 

markets far into the future, making 

exports of LNG by vessel a viable long 

term opportunity for the United States. 

Barca states that a grant of the 

Application will serve the public 

interest in several respects. These 

include: (1) Support to United States 

energy security; (2) significant 

environmental benefits due to 

substitution of cleaner burning natural 

gas for coal or oil; (3) direct and indirect 

job creation; (4) significant economic 

stimulus, including growing the tax base 

and increasing overall economic 

activity; and (5) material improvement 

in the United States’s balance of trade. 

Barca states that these benefits will be 

obtained with only a minimal effect on 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Notices 75341 

domestic natural gas prices. Barca states 

that at current and forecasted rates of 

demand, U.S. natural gas reserves will 

meet demand for 100 years. Barca states 

that the requested export authorization 

will allow the United States to benefit 

now from natural gas resources that may 

not otherwise be produced for many 

decades. 

Barca states that, on or around 

December 1, 2013, one of its principal 

executives (Mason Bridges) will be 

classified as a service-disabled veteran 

by the U.S. Department of Veterans 

Affairs and that another principal, 

Brendan Kelly, is already so classified. 

Accordingly, Barca states that it will 

qualify as a Service-Disabled Veteran 

Owned Business under the Veterans 

Entrepreneurship and Small Business 

Development Act of 1999, the Veterans 

Benefit Act of 2003, and Executive 

Order 13360. 

Additional details can be found in 

Barca’s Application, which is posted on 

the DOE/FE Web site at: http://

www.fossil.energy.gov/programs/

gasregulation/authorizations/2013_

applications/Barca_LNG_LLC_-_FE._

DK._-_13-118-LNG.html. 

DOE/FE Evaluation 

The Application will be reviewed 

pursuant to section 3(a) of the NGA, 15 

U.S.C. 717b(a), and the authority 

contained in DOE Delegation Order No. 

00–002.00N (July 11, 2013) and DOE 

Redelegation Order No. 00–002.04F 

(July 11, 2013). In reviewing this LNG 

export Application, DOE will consider 

any issues required by law or policy. To 

the extent determined to be relevant or 

appropriate, these issues will include 

the impact of LNG exports associated 

with this Application, and the 

cumulative impact of any other 

application(s) previously approved, on 

domestic need for the gas proposed for 

export, adequacy of domestic natural 

gas supply, U.S. energy security, and 

any other issues, including the impact 

on the U.S. economy (GDP), consumers, 

and industry, job creation, U.S. balance 

of trade, international considerations, 

and whether the arrangement is 

consistent with DOE’s policy of 

promoting competition in the 

marketplace by allowing commercial 

parties to freely negotiate their own 

trade arrangements. Parties that may 

oppose the Application should address 

these issues in their comments and/or 

protests, as well as any other issues 

deemed relevant to the Application. 

NEPA requires DOE to give 

appropriate consideration to the 

environmental effects of its decisions. 

No final decision will be issued in this 

proceeding until DOE has met its 

environmental responsibilities. 

Due to the complexity of the issues 

raised by the Applicant, interested 

persons will be provided 60 days from 

the date of publication of this Notice in 

which to submit comments, protests, 

motions to intervene, notices of 

intervention, or motions for additional 

procedures. 

Public Comment Procedures 

In response to this Notice, any person 

may file a protest, comments, or a 

motion to intervene or notice of 

intervention, as applicable. Any person 

wishing to become a party to the 

proceeding must file a motion to 

intervene or notice of intervention, as 

applicable. The filing of comments or a 

protest with respect to the Application 

will not serve to make the commenter or 

protestant a party to the proceeding, 

although protests and comments 

received from persons who are not 

parties will be considered in 

determining the appropriate action to be 

taken on the Application. All protests, 

comments, motions to intervene, or 

notices of intervention must meet the 

requirements specified by the 

regulations in 10 CFR Part 590. 

Filings may be submitted using one of 

the following methods: (1) Emailing the 

filing to fergas@hq.doe.gov with FE 

Docket No. 13–118–LNG in the title 

line; (2) mailing an original and three 

paper copies of the filing to the Division 

of Natural Gas Regulatory Activities at 

the address listed in ADDRESSES; or (3) 

hand delivering an original and three 

paper copies of the filing to the Office 

of Natural Gas Regulatory Activities at 

the address listed in ADDRESSES. All 

filings must include a reference to FE 

Docket No. 13–118–LNG. Please Note: If 

submitting a filing via email, please 

include all related documents and 

attachments (e.g., exhibits) in the 

original email correspondence. Please 

do not include any active hyperlinks or 

password protection in any of the 

documents or attachments related to the 

filing. All electronic filings submitted to 

DOE must follow these guidelines to 

ensure that all documents are filed in a 

timely manner. Any hardcopy filing 

submitted greater in length than 50 

pages must also include, at the time of 

the filing, a digital copy on disk of the 

entire submission. 

A decisional record on the 

Application will be developed through 

responses to this notice by parties, 

including the parties’ written comments 

and replies thereto. Additional 

procedures will be used as necessary to 

achieve a complete understanding of the 

facts and issues. A party seeking 

intervention may request that additional 

procedures be provided, such as 

additional written comments, an oral 

presentation, a conference, or trial-type 

hearing. Any request to file additional 

written comments should explain why 

they are necessary. Any request for an 

oral presentation should identify the 

substantial question of fact, law, or 

policy at issue, show that it is material 

and relevant to a decision in the 

proceeding, and demonstrate why an 

oral presentation is needed. Any request 

for a conference should demonstrate 

why the conference would materially 

advance the proceeding. Any request for 

a trial-type hearing must show that there 

are factual issues genuinely in dispute 

that are relevant and material to a 

decision, and that a trial-type hearing is 

necessary for a full and true disclosure 

of the facts. 

If an additional procedure is 

scheduled, notice will be provided to all 

parties. If no party requests additional 

procedures, a final Opinion and Order 

may be issued based on the official 

record, including the Application and 

responses filed by parties pursuant to 

this notice, in accordance with 10 CFR 

590.316. 

The Application is available for 

inspection and copying in the Division 

of Natural Gas Regulatory Activities 

docket room, Room 3E–042, 1000 

Independence Avenue SW., 

Washington, DC 20585. The docket 

room is open between the hours of 8:00 

a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. The 

Application and any filed protests, 

motions to intervene or notice of 

interventions, and comments will also 

be available electronically by going to 

the following DOE/FE Web address: 

http://www.fe.doe.gov/programs/

gasregulation/index.html. 

Issued in Washington, DC, on December 5, 

2013. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2013–29541 Filed 12–10–13; 8:45 am] 

BILLING CODE 6450–01–P 


emcdonald on DSK67QTVN1PROD with NOTICES